candidates fit for promotion against reserved vacancies are not

available such vacancies may be de-reserved as per prescribed

procedure and filled up by candidates of other communities. But, if
sufficient number of SC/ST candidates fit for promotion against
reserved vacancies are not available and such vacancies can also not
be de-reserved for reasons like non- availability of candidates of other
categories to fill up the posts etc. the vacancy shall not be filled up and
remain unfilled until the next recruitment year. These vacancies will be
treated as backlog vacancies.
Though powers have been delegated to the Departments for de-
reservation, prescribed procedure for sending proposal for de-
reservation, in the prescribed format,(Annexure I to Chapter 7 of the
Brochure) to the respective Commission for SC/ST and the Department
of Personnel and Training has to be followed and mandatory time
prescribed for their comments has to be waited before exercise of the
delegated powers.
It is for the appointing authority either to go for de-reservation or keep
the reserved post vacant. In both the cases the reservation will be
carried forward to subsequent recruitment year.
Vacancies reserved for SCs/STs and OBCs which cannot be filled in a
recruitment year will be carried forward indefinitely till they are filled by
relevant reserved category candidates. However, in cadres having 13 or
less number of posts, carry forward is permitted for three subsequent
recruitment year and in the third year of carried forward of reservation
the vacancy will be treated reserved for the concerned category. But if it
cannot be filled by reservation in the third year of carried forward by the
candidate of the concerned category, reservation will be treated as
lapsed and will be filled as unreserved vacancy.

5.9 VERIFICATION OF THE CLAIMS OF SCs, STs AND OBCs.

5.9.1 Any person who claims to belong to a Scheduled Caste or a Scheduled

Tribe or Other Backward Class will have to produce a certificate to the Appointing
Authority/Selection Committee/Board etc. in support of his claim.

5.9.2 The Caste/Tribe/Community certificate issued by the following authorities in

the prescribed form (Annexure I and II to Chapter 8 of the Brochure) for SCs/STs
and for OBCs will only be accepted as proof in support of a candidate's claim.

District Magistrate/Additional District Magistrate/Collector / Deputy

Commissioner/ Additional Deputy Commissioner/ Deputy Collector/
1st Class Stipendary Magistrate/Sub Divisional Magistrate/ Taluka
Magistrate/ Executive Magistrate/ Extra Assistant Commissioner.
Chief Presidency Magistrate/ Additional Chief Presidency Magistrate
/ Presidency Magistrate;
Revenue Officer not below the rank of Tehsildar; and
Sub-Divisional Officer of the area where the candidate and/or his
family normally resides.

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5.9.3 The appointing authorities should verify the caste status of a Scheduled
Caste/ ScheduledTribe / Other Backward Class candidate at the time of initial
appointment and of an SC/STofficer at the time of promotion against reserved
vacancy also. Scheduled Caste person, whose caste has been de-scheduled after
his initial appointment as a Scheduled Caste, is no longer entitled to enjoy the
benefit of reservation in promotions.

5.9.4 The Appointing Authorities should, make provisional appointment subject to

caste verification.This should also be mentioned in the appointment letter in
prescribed form (para 8.4 of Chapter 8 of Brochure).In case of false claim services
may be terminated in accordance with the relevant rules/orders.The appointing
authority may,if considers necessary for any reason , verify the claim of a
candidate through the District Magistrate of the place where the candidate
ordinarily resides.If the claim is found false the services of the candidate be
terminated as per rules/orders.

5.9.5. As no person professing a religion different from Hinduism or Sikhism or

Budhism can be deemed to be a member of Scheduled Castes, the appointing
authorities should stipulate in the letter of appointment issued to Scheduled Caste
candidates that they should inform about the change, if any, of their religion to
their appointing/administrative authority immediately aftersuch a change. The
serving scheduled Caste employees should be instructed to intimate change, if
any, in their religion immediately to their appointing/administrative authorities.

5.10 MONITORING AND INSTITUTIONAL SAFEGUARDS

5.10.1 Annual Returns

Soon after the first of January of every year, each Appointing Authority shall send
to its administrative Department:-

SC/ST/OBC Report-I in the prescribed proforma (Annexure I of Chapter 9 of the

Brochure) showing the total number of Government servants and the number of
SCs, STs and OBCs amongst them as on the 1st January of the year and the
number of appointments made during the preceding calendar year alongwith the
number of SCs, STs and OBCs amongst them; and SC/ST/OBC. Report-II in the
proforma (Annexure II of Chapter 9 of the Brochure) showing the representation of
SCs, STs and OBCs in various grades of organised Group 'A' services as on the
1st January of the year and the particulars of recruitment to the various grades
during the preceding calendar year in the service.

Administrative Department shall consolidate the information received from all

Appointing Authorities under it in respect of Report I and Report II and shall send
to theDepartment of Personnel and Training by the 31st March of each year.
Information in respect of public sector undertakings, statutory, semi-Government
and autonomous bodies should be maintain by the Department of Public
Enterprises in respect of PSUs and the administrative Ministry/Department in
respect of all statutory, semi-Government and autonomous bodies under its
control

63
 While furnishing the figures of representation of SCs, STs and OBCs in Report-I,
information in respect of the posts of "sweepers/safaikaramcharies" should not be
included. Information in respect of group D posts (excluding sweepers) and group
D posts (sweepers) should be given separately.

The reports relate to persons and not to posts. Posts vacant etc. should not be
included in the reports. A person on deputation should be included in the
establishment of the borrowing Department/Office and not in the parent office.
Figures in respect of Scheduled Castes, Scheduled Tribes and Other Backward
Classes should include persons appointed by reservation as well as appointed on
their own merit. The persons permanent in one grade but officiating or holding
temporary appointment in the higher grades should be shown in the figures
relating to the class of service in which the higher grade concerned is included.

5.10.2 Incorporation of Reservation Information in Annual Reports:

Each Ministry/Department should include in its Annual Report a note about the
activities of the Reservation Cell set up within the Ministry/Department under the
control of the Liaison Officer, the steps taken to implement the provisions about
reservation for SCs, STs, OBCs and PWDs the statistics relating to representation
of Scheduled Castes, Scheduled Tribes, Other Backward Classes and Persons
with Disabilities (For details see para 9.6 of Brochure).

5.10.3 Liaison Officers and Reservation Cell

In each Department the Deputy Secretary in charge of Administration or

any other officer at least of the rank of Deputy Secretary will act as a Liaison
Officer in respect of matters relating to the representation of Scheduled Castes
and Scheduled Tribes in all establishments and services under the administrative
control of the Department. A separate Liaison Officer should be appointed for
Other Backward Classes. Reservation Cell within the Department under the direct
control of the Liaison Officers should be set up to assist them to discharge their
duties effectively. In offices under the control of each Head of Department also,
the Liaison Officers will be nominated. The responsibilities of the Liaison Officers
are given in para 9.7 to 9.10 0f Chapter 9 of the Brochure.

5.10.4 National Commission for Scheduled Castes and the National

Commission for Scheduled Tribes

The National Commission for Scheduled Castes and the National Commission for
Scheduled Tribes have been constituted under Article 338 and Article 338-A of the
Constitution respectively to investigate all matters relating to the safeguards
provided for the Scheduled Castes and Scheduled Tribes in the Constitution and
report to the President upon the working of these safeguards.(For details refer
para 9.11 to 9.15 of Chapter 9 of the Brochure).

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5.11 MISCELLANEOUS:

5.11.1. Arrangements for Training

More intensive training should be arranged for directly recruited Group A officers
belonging to Scheduled Castes and Scheduled Tribes by the Heads of the
Training Institutions, wherever necessary, along with other officers. Departments
should nominate a considerably larger number of Scheduled Caste and
Scheduled Tribe officers for the training programmes run by various Departments
and Training Institutions, identify their training needs and suitable training
programmes.

5.11.2 Intimation about Competitive Examinations to Pre-Examination

Training Centres

Authorities holding the various competitive examinations should inform the Pre-
examination Training Centres well in advance of the actual date of the
examination, the probable number of reserved vacancies and the syllabus for and
the standard of the examination.

5.11.3 Selection of Persons for Posting Abroad

When making selection of persons for posting in units etc. located in a foreign
country eligible employees belonging to Scheduled Castes and Scheduled Tribes
also be considered alongwith others for such posting.

5.11.4 Forwarding of applications for employment

Applications of Government servants belonging to SC/ST, for employment

elsewhere, should not be withheld, except in very rare cases, on compelling
grounds in public interest. Cases of withholding the application should be reported
to the Liaison Officer within one month.
5.11.5 Prevention of Discrimination

Scheduled Caste and Scheduled Tribe Officers should not be subjected to

harassment and discrimination on grounds of their social origin in transfer and
posting.

5.11.6 Provisions In Recruitment Rules/Regulations For Examination

The recruitment rules in respect of all services/posts within the purview of the
reservation ordersshould contain a separate rule on the following lines:-

"Savings: Nothing in these rules shall affect reservations, relaxation of age-limit

and other concessions required to be provided for Scheduled Castes, Scheduled
Tribes, Other Backward Classes, Persons with Disabilities and other special

65
categories of persons in accordance with the orders issued by the Central
Government from time to time in this regard."

The provisions in recruitment rules and regulations for examinations for relaxation
instandards in favour of Scheduled Castes/Tribes may be worded as follows:

"Candidates belonging to any of the Scheduled Castes or the Scheduled Tribes or

the Other Backward Classes or the Persons with Disabilities may, to the extent
the number of vacancies reserved for the Scheduled Castes, the Scheduled
Tribes, the Other Backward Classes and the Persons with Disabilities cannot be
filled on the basis of the general standard, be recommended by the Commission
by a relaxed standard to make up the deficiency in the reserved quota, subject to
the fitness of these candidates for selection to the post/service irrespective of their
ranks in the order of merit at the examination."

Note: If the recruitment is not made through the UPSC, the reference to the
Commission in theabove provision may be modified to refer to the competent
authority.

5.11.7 Claim for SC/ST/OBC

Where a person claims to belong to a Scheduled Caste, Scheduled Tribe or a

Backward community by birth, it should be verified :
That the person and his parents actually belong to the community claimed;
That this community is included in the Presidential Orders specifying the
Scheduled Castes and Scheduled Tribes or included in the list of OBCs notified
by the Ministry of Social Justice and Empowerment, Government of India in
relation to the concerned State;
That the person belongs to that State and to the area within that State in respect
ofwhich the community has been scheduled/notified.
If the person claims to be a Scheduled Caste, he should be professing either
Hinduism or Sikhism or Budhism as religion.

5.11.8 Cases of Migration

Where a person migrates from a portion of the state in respect of which his
community is scheduled/notified to another part of the same State in
respect of which his community is not scheduled/notified, he will continue
to be deemed to be a member of the Scheduled Caste or the Scheduled
Tribe or the Other Backward Class, as the case may be in relation to that
State.
Where a person migrates from one state to another, he can claim to belong to a
Scheduled Caste or Scheduled Tribe or Other Backward Class only in
relation to the State to which he originally belonged and not in respect of
the State in which he has migrated.

5.11.9 Claims through Marriage

No person who was not a member of Scheduled Caste or a Scheduled Tribe or

Other Backward Class by birth will be deemed to be a member of Scheduled

66
Caste or Scheduled Tribe or Other Backward Class merely because he or she
had married a person belonging to a Scheduled Caste or Scheduled Tribe or
Other Backward Class. On the other hand a person who is a member of a
Scheduled Caste or a Scheduled Tribe or an OBC would continue to be a member
of that Scheduled Caste, Scheduled Tribe or OBC, as the case may be, even after
his or her marriage with a person who does not belong to a Scheduled Caste or a
Scheduled Tribe or an Other Backward Class.

5.11.10 Cases of Conversion and Reconversion

Scheduled Caste person getting converted to a religion other than Hinduism,

Sikhism or Buddhism would cease to be a member of Scheduled Caste. However,
if he reconverts himself to his original religion he will be deemed to have reverted
to original caste if accepted by the members of that particular caste as one of
them.

5.11.11 Cases of Adoption

On the validity of the adoption being clearly established and the caste certificate
obtained from the appropriate authority the person would be deemed to be
belonging to the SC/ST/OBC.

67
 Annexure I

14-POINT ROSTER

ROSTER POINTS DIRECT RECRUITMENT PROMOTION

(i) (ii) (iii)
1. UR UR
2. UR UR
3. UR UR
4. OBC UR
5. UR UR
6. UR UR
7. SC SC
8. OBC UR
9. UR UR
10. UR UR
11. UR UR
12. OBC UR
13. UR UR
14. ST ST

68
 Annexure-II
RESERVATION REGISTER
Name of the post:
Method of Recruitment: DR/Promotion by selection/Promotion by non-
selection /Promotion by Limited
Departmental Examination.
Number of posts in the cadre (cadre strength):
Percentage of Reservation prescribed : SCs_____, STs_____, OBCs ______

Sl. No. Name Date of Whether Filled as Signature Remarks

appointment belongs UR or as of
to SC/ST/ reserved appointing
OBC/ for SC/ authority
General ST OBC or other
authorised
officer
1 2 3 4 5 6 7

Annexure-III
RESERVATION ROSTER REGISTER
Name of the post:
Method of Recruitment: DR/Promotion by selection/Promotion by non-
selection/Promotion by Limited Departmental
Examination.
Number of posts in the cadre:
4. Percentage of Reservation prescribed: SCs__, STs__, OBCs ___

Cycle UR or Name Date of Whether Filled as Signature of Remarks

No./ reserved appoint- SC/ST UR or as appointing
point for SCs/ ment /OBC/ reserved authority or
No. STs / General for SCs/ other
OBCs STs authorised
/OBCs officer.
1 2 3 4 5 6 7 8

69
 Chapter 6

RESERVATION IN SERVICES FOR PERSONS WITH DISABILITIES

6.1 PRELUDE

With a view to consolidating the instructions issued from time to time and bringing
them in line with the Persons with Disabilities (Equal Opportunities, Protection of
Rights &Full Participation) Act, 1995 and clarifying certain issues including
procedural matters, the Department of Personnel and Training have issued
consolidated instructions with regard to reservation for persons with disabilities
(physically handicapped persons) in posts and services under the Government of
India, on 29th December 2005. The Ministry of Social Justice and Empowerment
have also issued lists of posts identified suitable for persons with disabilities in
supersession of their earlier notification no. 16-25/99.NI.I dated 31.5.2001. The
instructions contained in DOPT O.M. No. 36035/3/2004-Estt(Res) dated the 29th
December, 2005, with modification in respect of list identified posts, are
summarised in this Chapter.

6.2 QUANTUM OF RESERVATION

6.2.1 Three percent (3%) of the vacancies in case of direct recruitment to Group
A, B, C and D posts, of which one per cent each for persons suffering from (1)
blindness or low vision, (2) hearing impairment and (3) locomotor disability or
cerebral palsy, in the posts identified for each disability;

6.2.2 Three percent (3%) of the vacancies in case of promotion to Group D, and
Group C posts in which the element of direct recruitment, if any, does not exceed
75%, of which one per cent each for persons suffering from (1) blindness or low
vision, (2) hearing impairment and (3) locomotor disability or cerebral palsy, in the
posts identified for each disability.

6.3 EXEMPTION FROM RESERVATION

If any Department considers it necessary to exempt any establishment partly or

fully from the provision of reservation for persons with disabilities a reference may
be made to the Ministry of Social Justice and Empowerment, giving full
justification for the proposal, for consideration by an Inter-departmental
Committee set up by the Ministry of Social Justice and Empowerment.

6.4 IDENTIFICATION OF POSTS

The Ministry of Social Justice and Empowerment have identified the posts in
Group A,B,C and D to be held by persons with disabilities and the physical
requirement for the posts. Lists of such posts have been notified vide their
Notification No.16-15/2010-DDIII dated 29th July 2013. However these lists are
not exhaustive. Government Departments/PSUs/Autonomous Bodies etc may
further supplement to these lists.

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6.5 RESERVATION IN POSTS IDENTIFIED FOR ONE OR TWO CATEGORIES

If some posts are identified as suitable for persons with one category of disability
and not for persons with other two categories of disabilities reservation of 3% will
be provided for the persons with disabilities for whom such posts have been
identified as suitable . Likewise, if a post is identified as suitable for two categories
of the disabled and not for the third category, reservation of 3% will be distributed
between such two categories.

6.6.1 APPOINTMENT AGAINST UNRESERVED VACANCIES

In the posts which are identified suitable for persons with disabilities, a person
with disability cannot be denied the right to compete for appointment against an
unreserved vacancy. Thus a person with disability can be appointed against an
unreserved vacancy, provided the post is identified suitable for persons with
disability of the relevant category.

6.6.2 ADJUSTMENT OF CANDIDATES SELECTED ON THEIR OWN MERIT

Persons with disabilities selected on their own merit without relaxed standards will
not be adjusted against the reserved vacancies.

6.7 DEFINITION OF DISABILITIES

6.7.1 (a)Blindness: "Blindness" refers to a condition where a person suffers from

any of the following conditions,:-
total absence of sight or
Visual acuity not exceeding 6/60 or 20/200(snellen) in the
better eye with correcting lenses; or
limitation of the field of vision subtending an angle of 20
degree or worse

Low vision: "Person with low vision" means a person with impairment of
visual functioning even after treatment or standard refractive correction but
who uses or is potentially capable of using vision for the planning or
execution of a task with appropriate assistive device.

6.7.2 Hearing Impairment:- "Hearing Impairment" means loss of sixty decibels or

more in the better ear in the conversational range of frequencies.

6.7.3 (a) Locomotor disability: "Locomotor disability" means disability of the

bones, joints or muscles leading to substantial restriction of the movement
of the limbs or any form of cerebral palsy.
Cerebral Palsy :-. "Cerebral Palsy" means a group of non-progressive
conditions of a person characterised by abnormal motor control posture
resulting from brain insult or injuries occurring in the prenatal, peri-natal or
infant period of development.

71